Neeraj S/O Tirthraj Pal ( In Jail) v. State Of Maharashtra Thr. P.S.O. Kalmana, Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [BA] NO. 451/2020.

Neeraj Tirthraj Pal.

-VERSUSState of Maharashtra Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri S.S. Ullah, Advocate for the Applicant.

Shri H.R. Dhumale, A.P.P. for the Non-applicant. CORAM : VINAY JOSHI, J.

DATE : AUGUST 24, 2020.

Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

The applicant is arrested by the Police of Kalamna Police Station, District Nagpur in connection with Crime No.536/2020 relating to offence punishable under Sections 307, 324, 120-B, 143, 144, 147, 148, 149 read with Section 34 of the Indian Penal Code, read with Section 4, 25 of the Arms Act and Section 135 of the Bombay Police Act. The injured Lokesh lodged report with the police that he had rivalry with co-accused Nitesh Patle. At the time of

occurrence, Nitiesh Patle along with co-accused Jangez Khan accosted him on road and had assaulted by means of dangerous weapon. There is reference that they were accompanied by two other associates at the time of occurrence. It is submitted that the FIR does not disclose presence of the applicant Neeraj at the place of occurrence.

3.

Learned A.P.P. submits that on the date of filing of FIR supplementary statement of the informant was recorded, wherein he has made reference that the applicant also accompanied with the main accused by riding on Pulsar bike. He read over the supplementary statement, wherein there is no role attributed to the applicant beside mere presence.

4.

It is apparent that there is no allegation against the present applicant of assaulting the informant. Investigation is at the verge of completion. Thus, having regard to all these facts, the applicant has made out a case for grant of bail. Hence, the following order.

(i) Criminal Application is allowed.

(ii) The applicant/accused - Neeraj Tirthraj Pal, is released on bail on his furnishing

P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount.

(iii) The applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

5.

This order be communicated to the counsel appearing for the parties, either on the e-mail address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE Rgd.

by Rakesh Dhuriya Date:

2020.08.25 13:34:42 +0530 Rakesh Dhuriya